APPENDIX No. [6] TO THE TERMS AND CONDITIONS - RULES FOR MAKING PAYMENTS USING MERXU PROTECTED PAYMENT
I. GENERAL PROVISIONS
1. This section contains additional definitions related to the use of the merXu Protected Payment:
a. Bank Transfer - a payment method constituting a credit transfer from the Buyer that allows to use merXu Protected Payment under the terms and conditions described in this Appendix. The use of merXu Protected Payment is available only for the following types of Bank Transfers: domestic transfer in zloty (PLN), SEPA transfer in euro (EUR), SWIFT transfers in Czech koruna (CZK), Romanian leu (RON), and Hungarian forint (HUF).
b. Funds - funds corresponding to the amount of the Transaction which are subject of merXu Protected Payment.
c. merXu Protected Payment - an optional functionality provided by the Service Provider under this Appendix, when the Transaction is settled by the Bank Transfer, or through the Provider, under the Appendix no. 5 – Rules for making payments through the payment service provider – Adyen, when the Transaction is settled by the payment method accepted by the Provider. The merXu Protected Payment is not a payment service, banking service, insurance service or any other regulated service.
d. Proof of Delivery - a proof of delivery of all Products subject to the Offer (including quantity) to the Buyer that uses the merXu Protected Payment. The Proof of Delivery shall include: (i) in case of delivery by carriers or postal operators - an extract from the tracking system or confirmation of delivery from a particular carrier or postal operator; and (ii) in case of other means of delivery - other clear evidence of receipt by the Buyer.
2. The Service Provider allows Users to use the merXu Protected Payment for payments made by the Buyers by Bank Transfer, under the terms and conditions set out in this Appendix.
3.The use of merXu Protected Payment for Payments made using payment methods other than Bank Transfer shall be in accordance with the rules provided for in Appendix no. 5 - Rules for making payments through the payment service provider – Adyen.
4. The Service Provider, acting as an authorized person, acts solely on behalf of the Seller and under this Appendix performs actions aimed at the conclusion of the sales agreement between the Buyer, as payer, and the Seller, as payee, and to transfer Funds (constituting price) to the Seller. The Seller hereby authorizes the Service Provider to collect the Funds (constituting price) from the Buyer and transfer it to the Seller in accordance with the provisions of this Appendix. Therefore, the provisions of the Payment Services Act of 19 August 2011 do not apply to Transactions concluded between a Buyer and a Seller using merXu Protected Payment.
II. RULES OF PROVISION THE MERXU PROTECTED PAYMENT BY THE SERVICE PROVIDER
1. The Buyer decides each time whether a particular payment made by the Bank Transfer, following a Transaction, should be executed with the use of the merXu Protected Payment. The Buyer’s exercise of the merXu Protected Payment does not require the Seller’s consent.
2. If the Buyer uses merXu Protected Payment, the Service Provider shall provide the Buyer with instructions containing all the necessary information for making a Bank Transfer using merXu Protected Payment, including the bank account number to which payment should be made.
3. The merXu Protected Payment entails that the final execution of a payment for the Seller, after the completion of a Transaction, is delayed up to a maximum of 30 days with respect to the payouts of Funds to the Seller’s bank account, unless the grounds for a payout by the Service Provider have not been fulfilled. At the request of the Buyer or the Seller, the Service Provider may extend the period referred to in the preceding sentence, provided that the other party to the Transaction agrees to the extension.
4. The Service Provider provides merXu Protected Payment using its bank account. Once the grounds for a payout by the Service Provider referred to in this section have been fulfilled, the Service Provider will transfer the Funds to the Seller. The Funds do not constitute a deposit or other funds entrusted under the title of return.
5. Where a Transaction takes place and the Buyer opted for the merXu Protected Payment to be applied for the relevant payment, the Buyer shall inform the Service Provider of receiving a particular Product within 3 business days after its receipt. In cases where the Service Provider has obtained information from the Seller that a particular Product has been shipped or otherwise delivered and should already have reached the Buyer, the Service Provider shall set a time period of 2 business days for the Buyer to confirm the receipt of a Product or to notify non-receipt of the Product.
6. In case of failure of the Buyer to fulfill the obligations referred to in clause 5 above, the Service Provider shall pay out the Funds to the Seller’s bank account. If the Buyer confirms the receipt of a Product, the Service Provider shall pay out the Funds to the Seller’s bank account.
7. If the Buyer informs the Service Provider that the Product has not been received within the timeframes referred to in clause 5 above, the Service Provider shall withhold a payout until the Seller has demonstrated a Proof of Delivery pursuant to clause 6 below. The Service Provider shall inform the Seller of the Buyer’s non-receipt statement immediately, but in any case no later than within 1 business day of its receipt.
8. The Seller shall demonstrate a Proof of Delivery to the Service Provider within 5 business days after the Service Provider has informed the Seller of the Buyer’s non-receipt statement referred to in clause 7 above.
9. In case of failure of the Seller to demonstrate a Proof of Delivery referred to in clause 8 above within the timeframes specified therein, the Service Provider shall return the Funds to the Buyer.
10. The Seller unconditionally and irrevocably:
a. consents that the Buyer may use the merXu Protected Payment in respect of every Transaction, for which payment is made by Bank Transfer;
b. agrees that the Buyer will transfer the Funds directly to the bank account of the Service Provider, who acts on behalf of the Seller, which will then transfer these Funds to the Seller once the grounds for a payout by the Service Provider referred to in this section have been fulfilled.
If such consents could not be granted as irrevocable, its withdrawal by the Seller will constitute a breach of the Terms and Conditions.
11. The Seller shall receive the Funds to the Seller's bank account number provided to the Service Provider by the Seller in accordance with clause II.2.3 of the Terms and Conditions or to the bank account provided by the Seller for settlement of funds for successfully processed Payments, during the Seller's Onboarding Process, according to the Appendix no. 5 - Rules for making payments through the payment service provider – Adyen, less the amount of the transaction fee charged by the Service Provider to the Seller.
12. The communication between the Buyer or the Seller and the Service Provider in accordance with clauses 5 and 7-8, including transmission of Proof of Delivery, shall be executed via the associated Account functionality. The Service Provider may also contact the Users via e-mail or telephone.
13. Where in case of a particular Transaction the Transport Organization Assistance is provided by the Service Provider, only clause 5 sentence 1 above shall apply. Where the Buyer denies having received the Product or fails to fulfil the obligation referred to in clause 5 sentence 1 above, of which the Service Provider may become aware from information obtained e.g. from the Seller, the Service Provider shall:
a. pay out the funds to the Seller’s bank account; or
b. further withhold of the payout of the funds to the Seller’s bank account; or
c. return the amount of the payment to the Buyer;
on the basis of information at the Service Provider’s disposal, within 5 business days from receiving relevant information from the Users. In such case, the Service Provider may act without receiving further notifications referred to in clauses 7-8 above.
14. The Seller may not differentiate the prices of Offer depending on whether or not the Buyer has used merXu Protected Payment for a given Transaction. The Seller may not charge the Buyer any costs or fees, directly or indirectly, in connection with the Buyer using the merXu Protected Payment. The Seller may not discourage the Buyer from using the merXu Protected Payment. Such conduct constitutes a breach of the Terms and Conditions.
15. Conduct in which the Buyer falsely claims not to have received the Product constitutes a breach of the Terms and Conditions.
16. The Service Provider may request the Seller or the Buyer who uses merXu Protected Payment to provide information about the Transaction that is necessary for the correct execution of the merXu Protected Payment by the Service Provider, and the Seller or the Buyer shall promptly, and not later than 3 business days after receiving the request from the Service Provider, provide such data to the Service Provider. This does not apply if the provision of such information would contravene generally applicable laws.
17. The Buyer shall bear the cost of executing Bank Transfer to Service Provider’s bank account in accordance with the tariff of the Buyer’s payment service provider (e.g. Buyer’s bank).
III. COMPLAINTS AND RETURNS
1. Complaints about the merXu Protected Payment shall be dealt with by the Service Provider under the general terms and conditions provided for in the Terms and Conditions.
2. In case of withdrawal from the Transaction, the Seller is obliged to return the Funds directly to the Buyer. In order to make a return, the Seller shall refund the Funds to the Buyer by credit transfer to the Buyer’s bank account. The Seller shall bear the cost of executing credit transfer to the Buyer’s bank account in accordance with the tariff of the Seller’s payment service provider (e.g. Seller’s bank). The Buyer irrevocably and unconditionally consents to this method of return.
3. If a Transaction is cancelled by any User before the payout of the Funds, in accordance with clause II.4 above, with the result that the Service Provider must return the Funds (constituting price) to the Buyer, the Service Provider may charge an additional fee to the User who cancelled the Transaction. The fee referred to in the preceding sentence will not exceed PLN 200 or the equivalent of this amount in other currencies.
4. The Seller may not charge the Buyer any costs or fees in connection with the refund referred to above.
5. The return referred to in clause 2 above, will take place no later than 5 business days after the Buyer has delivered the Buyer's request in this regard to the Seller by email. The day on which the return is made in accordance with the preceding sentence shall be deemed to be the day on which the Seller's bank account is debited.
6. If the Seller fails to make the return referred to in clause 2 above, or if the Seller exceeds the deadline referred to in clause 5 above, the Service Provider may suspend the Seller's Account. The provisions of clause II.13 of the Terms and Conditions (Suspension of Account) shall apply accordingly.
IV. LIABILITY
1. The Service Provider shall not be liable for any damages that may result from the exercise of the merXu Protected Payment, other than the Service Provider’s improper performance or non-performance of its explicit obligations under this Appendix.
2. Within the merXu Protected Payment, the Service Provider does not verify the defects of the Product that has been delivered or its conformity with the order. The Service Provider shall not be liable for any defect in the Product, its non-conformity with the order and its delivery in a manner inconsistent with the order, including in the wrong quantity, and for any damage resulting therefrom. Buyers may use the general complaint route with the Seller.
3. The Service Provider shall not be liable for any Bank Transfer made by the Seller contrary to the instructions given by the Service Provider in accordance with clause II.2 above.
V.CHANGES
1. The Service Provider may amend this Appendix for any reason. The change shall take effect on the date indicated by the Service Provider. This period shall not be shorter than 14 days from the moment the amended Appendix is made available on the Platform. The deadline may be shorter if we are required to amend the Terms and Conditions within a shorter period of time or exceptionally amend the Terms and Conditions to address an unforeseen and imminent threat.
2. To the extent not regulated herein, the provisions of clause III (Final provisions) of the Terms and Conditions shall apply mutatis mutandis to the amendment of the Appendix.
VI. FINAL PROVISIONS
Suspension or deletion of your Account prevents you from using the merXu Protected Payment.